Divorce Archives

What is a Bifurcated Divorce?

Given the number of issues that must be decided in a divorce, like child support, child custody, spousal support (alimony), and division of assets, the divorce process can take a long time. If you and your spouse are unable to agree on some aspects of your divorce, but can agree on others, you might be interested in filing a request for Bifurcation with the court. Bifurcation essentially means that you are "splitting up" certain aspects of your divorce where specific parts of your divorce will be decided on later.

Protecting Investments In Divorce

While the best way to protect your investments in divorce starts long before the divorce ever becomes an issue, i.e., through a prenuptial agreement, trust, estate planning, or other pre-divorce strategy; many people do not have such plans in place. In the absence of a pre-divorce plan, the burden is on you to prove that your investments are separate property not subject to division.

Pro Athlete Divorce Issues

Professional athletes and their spouses face a number of complex legal issues when going through a divorce. In addition to the routine issues that arise in lower profile divorces, professional athletes have a number of other circumstances that need to be addressed.

Division of Assets in a California Divorce

Depending on the state you live in, there are generally two basic methods of dividing assets in a divorce: equitable distribution and community property. California is a community property state, which means the court will divide the couple's community assets equally. Any asset obtained or income earned during the course of the marriage is considered community property unless other agreements have been made, such as a prenuptial agreement, or some particular exception to that characterization exists in the law.

Amicable Divorce In California

Not all divorces have to be long, expensive, and messy. In fact, there are many separating couples that are able to agree on all the terms of their divorce without ever stepping foot in court. An amicable divorce, also known as an uncontested divorce, can help you and your ex move on with your lives peacefully.

My spouse and I are going through a difficult divorce and I'm wondering if you have any suggestions as to how I can reduce my stress level?

Divorce takes its toll on the best of us. It can cause emotional turmoil, cause us to question things that used to have definite answers, and can add to what is often an already high level of stress. However, there are many helpful ways to deal with stress and many are of little or no cost to you. Here are some easy stress-busters that are also easy on your pocketbook:

Infidelity--Should You Tell Your Children?

Your children will undoubtedly question your reasons for divorce.  This process, while one of the most trying and heart-wrenching a family can ever experience, is nonetheless a common experience.  In cases of infidelity, though, emotions and confusion can reach toxic levels for everyone in the family.  Because of this, you may wish to avoid divulging these facts to your children.

Post-Divorce Custody Modifications

The custody agreement created at the time of your divorce represents the Court's opinion on your child's situation at the time of the divorce.  Since then, you or your child may have experienced any number of changes in life.  Your child will of course be older or you could have moved, changed shifts at work, any number of things might have transpired since the initial custody judgment was made.  No matter the circumstance, it is likely that your custody agreement might not have foreseen many of the changes in your lives. If your child spends the majority of his or her time with your ex and your ex loses his or her job, for example, your child's future might be more challenging with that parent. Remember that the Court typically will only accept modifications to the custody judgment if there has been a finding of a change in circumstances arising out of and pertaining to custody of the child. Because the Court values stability and consistency so highly, you must be able to demonstrate a significant change in circumstances first, only to then, once that hurdle has been met, be allowed to present evidence as to what is best for your child in this context.  

I Think My Spouse is Hiding Assets

If your spouse has maintained complete control of all banking information, is secretive about his or your financial affairs, deletes or clears financial programs like QuickBooks™, or maintains a questionable relationship with financial advisors, you may need to consider searching for hidden assets during your divorce. If you can discover hidden assets and expose those to the court, the judge will handle disputes of property and accounts much differently, and more likely in your favor. 

Sex, Lies, and Divorce

Here's a nightmare scenario. Imagine divorcing from a spouse and then being diagnosed as HIV positive. Such a scenario would be a nightmare because of both the disease and the fact that it was transmitted by someone you loved and someone with whom you might have believed yourself to be in a monogamous relationship. Fortunately, should this kind of event occur, there is something you can do about it. Legally, you can seek restitution against your partner by filing a claim known as a domestic tort.

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